Current through Register Vol. 54, No. 14, April 6, 2024
Rule 3121 - Stay of execution; setting aside execution(a) Execution shall be stayed as to all or any part of the property of the defendant.(1) upon written direction of the plaintiff to the sheriff:(2) upon the entry of bond with the prothonotary, by any person or party in interest, with security approved by the prothonotary, in the amount of plaintiff's judgment, including probable interest and costs, or in such lesser amount as the court may direct, naming the Commonwealth of Pennsylvania as obligee, and conditioned to pay the amount due within ninety (90) days of the entry of bond, unless the time for payment be further extended by the court;(3) pending disposition of a property claim filed by a third party;(4) upon a showing of exemption or immunity of property from execution;(5) upon a showing of a right to a stay under the provisions of an Act of Congress or any Act of Assembly.(b) Execution may be stayed by the court as to all or any part of the property of the defendant upon its own motion or application of any party in interest showing (1) a defect in the writ, levy or service; or(2) any other legal or equitable ground therefor.(c) In an order staying execution the court may impose such terms and conditions or limit the stay to such reasonable time as it may deem appropriate.(d) The court may on application of any party in interest set aside the writ, service or levy (1) for a defect therein;(2) upon a showing of exemption or immunity of property from execution, or(3) upon any other legal or equitable ground therefor.(e) All objections by the defendant shall be raised at one time.(f) After the termination of a stay, sale may be had without reissuance of the writ.